PLEASE READ CAREFULLY. Fitlyfe Fitness LLC ("Us" or "We") provides virtual health, fitness, wellness services, and other various related services through website, streaming device, mobile application, and all Fitlyfe controlled social media pages (instagram, facebook, twitter, youtube, linkedin, and tik tok (collectively, Fitlyfe services) to you, the User, subject to your compliance agree with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you.
In addition, when using particular services or materials of Fitlyfe, Users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
These Terms of Service are effective as of July 28th, 2020. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review Fitlyfe settings or a notification, and these Terms of Service from time to time and to familiarize yourself with any modifications.
Your continued use of Fitlyfe services after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
We reserve the sole right to either modify or discontinue any of our services, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms of Service.
2. License to use Fitlyfe Services
License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use Fitlyfe Services, Fitlyfe grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the services of Fitlyfe for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on Fitlyfe and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by Fitlyfe services. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or Fitlyfe. Except as expressly permitted in writing by an authorized representative of Fitlyfe, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble Fitlyfe Services, nor will you take any measures to interfere with or damage services or products provided by Fitlyfe. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Fitlyfe services, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Fitlyfe in these terms are reserved.
3. Code of Conduct
Your use of Fitlyfe and it’s services is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through Fitlyfe. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through Fitlyfe Fitness LLC, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit/maximize the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
Impersonates any person or entity, including any of our employees or representatives
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of Fitlyfe. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
3(a). User Content
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Fitlyfe Services; and ”User Content” means any content that users (including you) provide to be made available through Fitlyfe Services. Content includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using Fitlyfe Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through Fitlyfe Services.
As between you and Fitlyfe, you represent that you own (or have all rights necessary to grant Fitlyfe the rights below to) all User Content that you submit to Fitlyfe Services, and that Fitlyfe will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Fitlyfe a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of Fitlyfe Services permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Fitlyfe or through Fitlyfe Services about improving or adding new features or products to Fitlyfe Services or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant Fitlyfe a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on Fitlyfe Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with Fitlyfe without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
4. Third Party Websites
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive.
These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.
5. Intellectual Property
All custom graphics, icons, logos, and service names used at Fitlyfe are registered trademarks, service marks, and/or artwork held under copyright of Fitlyfe Fitness LLC or its Affiliates. All other marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name or trade names of Fitlyfe Fitness LLC or its Affiliates.
6. Disclaimer of Warranties
Content available through Fitlyfe services often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Fitlyfe Fitness LLC spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Website for further information, which policies are incorporated by reference into these Terms of Service.
You understand and agree that temporary interruptions of the services available through Fitlyfe may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of Fitlyfe, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on Fitlyfe are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
7. International Use
Although Fitlyfe may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access Fitlyfe from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of Fitlyfe with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on Fitlyfe immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Fitlyfe. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
9. Governing Law
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the U.S without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or Fitlyfe shall be instituted exclusively in the federal courts of us.